Employment Agreement with Restaurant Cook

Employment Agreement with Restaurant Cook

Agreement made on the , between of , referred to herein as Employee, and , a limited liability company organized and existing under the laws of the state of , with its principal office located at , referred to herein as Employer.

Whereas, Employer is owns and operates a restaurant located at specializing in ; and

Whereas, Employee is a qualified cook; and

Whereas, Employer has extended an offer of employment to Employee, and Employee accepts such offer, on the terms and conditions set forth below.

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Employment

Employer employs Employee, and Employee accepts employment with Employer, on the terms and conditions set forth in this Agreement.

2. Term of Employment

This Agreement is effective on day and date set forth above, and shall remain in effect for one year, subject to the termination provisions of this Agreement. At the end of said one year period, if Employer develops another similar restaurant, Employee will be considered for an assistant management position with a salary increase of % of the net profit arising from food sales at such restaurant to be paid monthly.

3. Duties

The duties of Employee shall consist of doing such work as directed by his supervisor, normally during the hours of A.M and P.M. days a week with off. Said work shall include:

• Cooking and food preparation;

• Serving; and

• Maintenance of kitchen;

4. Compensation

During the term of this Agreement, Employer shall pay Employee a salary of $ per hour for services performed on Employer's behalf. Employee's salary shall be paid to Employee (e.g. bi-weekly or semi-monthly) . After months of employment Employee’s hourly wage will be adjusted dependent upon gross sales and employee’s job performance. Such adjustment will be in the sole discretion of Employer.

5. Vacation

Employee is entitled to an unpaid vacation of up to days per year. Requests for such time off must be made by Employee to Employee’s supervisor at least two weeks in advance of the time off.

6. Trade Secrets

Employee agrees not to disclose to any person or entity any information regarding the business of Employer, including its recipes, products, prices, manner of operations, without first obtaining Employer's written consent. If Employee breaches this section, Employer shall be entitled, among other remedies, to injunctive relief prohibiting Employee from disclosing such information. This section shall survive termination of this Agreement.

7. Termination

This Agreement shall continue in effect until terminated as provided below.

A. Either party shall have the right, at any time, to cancel and terminate this agreement by giving at least days' written notice to the other party.

B. This Agreement shall also terminate upon the death, disability, termination of employment of the Employee for cause, as hereinafter defined, and termination of the employment of Employee without cause.

1. Termination for Cause.

In the event of a termination for cause, Employer shall pay Employee all accrued and unpaid Salary and vacation through the date of termination.

2. Termination without Cause.

In the event of a termination without cause, Employer shall pay Employee all accrued and unpaid Salary and vacation through the date of termination and the sum of $ as liquidated damages in full settlement of any claim of breach of contract or violation of state or federal law that Employee has against Employer. Employee must sign a Release with terms satisfactory to Employer before being entitled to receive such payment.

3. Termination upon Death.

In the event of a termination upon the death of Employee, the Employer shall pay to any person designated by the Employee in writing or, if no such person is designated, to his estate, the pro-rata balance of the salary which would otherwise be payable to the Employee for the month in which death occurred.

4. Definition of "For Cause".

As used herein, the term For Cause shall mean (i) Employee's conviction in a court of law of any crime or offense involving willful misappropriation of money or other property or any other crime involving moral turpitude which constitutes a felony, whether or not involving the Employer; (ii) disobedience of a material directive from Employer; (iii) Employee's habitual drunkenness or habitual use of illegal substances; or (iv) breach of his responsibilities under this Agreement.

8. Covenant Not to Compete

During the period Employee is under contract with Employer, and for a period of years after termination of said contract, Employee will not directly or indirectly:

A. Recruit, solicit, induce, or attempt to induce any of the employees or customers of the Employer to terminate their employment or contractual relationship with Employer.

B. Solicit, divert, take away, or attempt to divert or take away, from the Employer any of its business or the patronage of its customers, clients, accounts, vendors or suppliers for products, sold, distributed or processed by the Employer, and Employee shall not assist any other person to do so.

C. If any restriction set forth in this Section 8 is found by any court of competent jurisdiction to be unenforceable because it extends for too long a period of time or over too great a range of activities or in too broad a geographic area, it shall be interpreted to extend only over the maximum period of time, range of activities or geographic area as to which it may be enforceable.

D. The restrictions contained in this Section 8 are necessary for the protection of the business and goodwill of the Employer and are considered by Employee to be reasonable for such purpose. Employee agrees that any breach of this Section 8 will cause the Employer substantial and irrevocable damage and therefore, in the event of any such breach, in addition to such other remedies which may be available, the Employer shall have the right to seek specific performance and injunctive relief.

9. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

10. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

11. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

12. Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

13. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

14. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

15. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

16. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, Employer, or other entity without the prior, express, and written consent of the other party.

In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.